Assembly Bill A597

2019-2020 Legislative Session

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A597 (ACTIVE) - Details

See Senate Version of this Bill:
S3147
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8234
2015-2016: A1583
2017-2018: A4719
2021-2022: A589, S272
2023-2024: A1766, S2404

2019-A597 (ACTIVE) - Summary

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices; provides for civil penalties.

2019-A597 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    597
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, ENGLEBRIGHT, ABINANTI --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   retailers  to  post warning signs of the tracking of customers through
   cell phones or other electronic devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   §  390-D.  POSTING  OF  WARNING  SIGNS BY RETAILERS TRACKING CUSTOMERS
 THROUGH CELL PHONES OR OTHER ELECTRONIC DEVICES. 1.  ANY  RETAILER  THAT
 TRACKS A CUSTOMER BY USE OF THE CUSTOMER'S CELL PHONE OR ANY OTHER ELEC-
 TRONIC  DEVICE  WHILE  THE  CUSTOMER  IS  IN  THEIR  ESTABLISHMENT SHALL
 CONSPICUOUSLY POST A WARNING SIGN AT EACH ENTRANCE INDICATING THAT  SUCH
 RETAILER  PERFORMS  SUCH  TRACKING. SUCH WARNING SIGN SHALL ALSO PROVIDE
 INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACKING.
   2. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE SECOND VIOLATION, AND
 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION  THEREAFTER.  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION MAY BE ENFORCED CONCUR-
 RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
 TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
 MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONEYS COLLECTED THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   3. FOR PURPOSES OF THIS SECTION "TRACKING" INCLUDES, BUT IS NOT LIMIT-
 ED TO, SITUATIONS WHERE RETAILERS TRACK A PERSON'S  MOVEMENT  THROUGHOUT
 THE  ESTABLISHMENT  FOR  PURPOSES OF STORING OR SELLING SUCH INFORMATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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